Frequently Asked Questions Regarding Mediation
What is Mediation?
Why do people choose Mediation?
Who May Need or Want Mediation?
Why is Mediation chosen as an Alternative to settling Family Matters?
What happens during Mediation?
What happens at the end of Mediation?
Is Mediation confidential?
What kinds of cases are sent to Mediation?
How successful is Mediation?
What is Mediation?
Mediation is a process in which a trained and skilled neutral 3rd person facilitates communication between the Parties involved. The Mediator assists in Identifying and isolating the issues, and helps explore solutions to promote a mutually acceptable settlement. Mediation may include a session with each individual and joint sessions with the parties combined. A Mediator has no authoritative decision-making power. Settlements are the direct result of the individual’s work and desire to achieve an agreement. [Top]
Why do people choose Mediation?
Mediation is one method of resolving disputes. Some people choose mediation because they find it less expensive than litigation, approximately one-third the cost. Others wish to resolve issues in a more amicable, non-adversarial way and keep family business private. Your children’s well-being during and after divorce is significantly impacted by the degree of conflict between the parents. Mediation can help the parties decrease the conflict and work cooperatively for the benefit of the children. If you wish to resolve your family disputes with fairness, dignity, respect and privately outside the publicity of the Courtroom, Mediation may be the option you should consider. [Top]
Who May Need or Want Mediation?
Any Family matter that is disputed can be resolved through Mediation. You can choose Mediation prior to the filing of any documents with the Court. The Mediator is often an attorney versed at Family Law and knowledgeable of the explicit rights of each party pertaining to the specific issue. The Mediator is further trained in facilitating negotiations between the parties and arriving at a solution avoiding the expense of litigating with two or more attorneys, competing for Court time, avoiding delays and adjournments, and publicly Aairing dirty laundry@ of the family involved. [Top]
Why is Mediation chosen as an Alternative to settling Family Matters?
As previously stated, the cost of public litigation can be expensive and timely, when more often the parties arrive at the same point. A Mediator, if asked, can identify the issues and bring the parties to agreement by explaining the law, give insight into how the Genesee County Family Court Judges typically rule in certain situations, and the Court=s view on fairness and equitable division of debts, assets, custody, parenting time, and other family issues. [Top]
What happens during Mediation?
The Mediator will explain the Mediation process, and discuss the facts and issues involved with the Parties. The Mediation sessions will continue until (a) a settlement is reached; (b) the Mediator determines that a settlement is not likely to be reached; (c) the end of the first Mediation session; or (d) until a time agreed by the Parties that Mediation is no longer preferred as a means to reach a settlement. [Top]
What happens at the end of Mediation?
If the matter is settled through Mediation, a written agreement will be sent to the Court. Within 21 days after the settlement has been reached, the Mediator and/or Attorney will prepare and submit appropriate documents to conclude the case. If no Attorneys are involved, the Mediator may prepare all the appropriate documents to conclude the case obtain a Judgment. [Top]
Is Mediation confidential?
Statements made during the Mediation, including statements made in written documents, may not be used in any other proceedings, including any trial. Any communications between the Parties or Mediator and/or Attorney relating to Mediation are confidential and shall not be disclosed without the written consent of all Parties. [Top]
What kinds of cases are sent to Mediation?
Civil and Family matters are commonly decided, at least, many aspects of the Civil or Family cases are either concluded, or partially concluded with the assistance of a Mediator. All Aspects of Family Law can be, and are mediated. In divorce cases, decisions and agreements regarding property division, spousal and child support, custody, and parenting time issues upon the parties being advised of the law governing these issues can be reached. [Top]
How successful is Mediation?
Mediation meets the needs of most participants. A significant majority (about 75%) of clients who seek our services, and for whom there is an opportunity for agreement (meaning that both parties to the dispute come to mediation and agree to mediate), reach agreement on some or all of the issues between them. In addition, many parties report that through mediation, the level of conflict between them has decreased. [Top]